Hugo Grotius Mare Liberum 1609-2009

Hugo Grotius Mare Liberum 1609-2009
Author: Robert Feenstra
Publisher: BRILL
Total Pages: 244
Release: 2009-12-07
Genre: Law
ISBN: 904743045X

The quadricentenary of Hugo Grotius’ Mare liberum (1609-2009) offered the opportunity to publish a reliable critical edition – combined with a revised English translation – of Grotius’ first publication in the field of international law. Starting from a comparison with the autographic manuscript, Robert Feenstra undertook a verification of the text of the first and only authorised edition – in particular of the numerous marginal references – resulting in many corrections and further annotations. In his ‘Editor’s Introduction’, he explains the history of the later editions of the Latin text and the translations of Mare liberum. Jeroen Vervliet’s ‘General Introduction’ aims at providing a better understanding of the circumstances in which Hugo Grotius wrote this work; it elucidates the legal argument used by Grotius, and the reaction of his contemporary opponents.

Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae

Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae
Author:
Publisher: BRILL
Total Pages: 427
Release: 2009-03-25
Genre: History
ISBN: 9047428587

In 1604-1605 Hugo Grotius wrote De iure praedae, a commentary on the law of booty and prize and a first step towards the Law of War and Peace of twenty years later. Not published in his own times, rediscovered in 1864, and subsequently published, it has been over-interpreted and under-studied. The sixteen essays in this volume discuss De iure praedae, its intellectual sources, personal and political circumstances and over-all consequences, exploring how Grotius as a humanist, theologian, jurist and politician proceeded in this his first exercise in the theory of natural law and rights. The essays are written by an international and interdisciplinary team of specialists, based on papers delivered at a conference at NIAS in Wassenaar in 2005. Originally published as Volumes 26 (2005), 27 (2006) and 28 (2007) of Brill's journal Grotiana.

Catholic and Reformed Traditions in International Law

Catholic and Reformed Traditions in International Law
Author: Paulo Emílio Vauthier Borges de Macedo
Publisher: Springer
Total Pages: 314
Release: 2017-08-28
Genre: Law
ISBN: 3319594036

This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitória and Alberico Gentili. In Suárez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suárez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn’t original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suárez’s oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law.

Roman Law in the State of Nature

Roman Law in the State of Nature
Author: Benjamin Straumann
Publisher: Cambridge University Press
Total Pages: 287
Release: 2015-02-12
Genre: Political Science
ISBN: 1316241076

Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe.

Augustine on War and Military Service

Augustine on War and Military Service
Author: Phillip Wynn
Publisher: Fortress Press
Total Pages: 375
Release: 2013-11-01
Genre: Religion
ISBN: 1451464738

Did our modern understanding of just war originate with Augustine? In this sweeping reevaluation of the evidence, Phillip Wynn uncovers a nuanced story of Augustines thoughts on war and military service, and gives us a more complete and complex picture of this important topic. Deeply rooted in the development of Christian thought this reengagement with Augustine is essential reading.

The Natural Sciences and the Social Sciences

The Natural Sciences and the Social Sciences
Author: Robert S. Cohen
Publisher: Springer Science & Business Media
Total Pages: 442
Release: 2013-06-29
Genre: Science
ISBN: 9401733910

Natural Sciences and the Social Sciences contains a series of explorations of the different ways in which the social sciences have interacted with the natural sciences. Usually, such interactions are considered to go only `one way': from the natural to the social sciences. But there are several important essays in this volume which show how developments in the social sciences have affected the natural sciences - even the `hard' science of physics. Other essays deal with various types of interaction since the Scientific Revolution. In his general introductory chapter, Cohen sets some general themes concerning analogies and homologies and the use of metaphors, drawing specific examples from the use of concepts of physics by marginalist economists and of developments in the life sciences by organismic sociologists. The remaining chapters, which explore the different ways in which the social sciences and the natural sciences have actually interacted, are written by leaders in the field of history of science, drawn from a wide range of countries and disciplines. The book will be of great interest to all historians of science, philosophers interested in questions of methodology, economists and sociologists, and all social scientists concerned with the history of their subject and its foundations.

Grotiana

Grotiana
Author:
Publisher:
Total Pages: 390
Release: 1988
Genre: International law
ISBN:

Sovereignty, Property and Empire, 1500–2000

Sovereignty, Property and Empire, 1500–2000
Author: Andrew Fitzmaurice
Publisher: Cambridge University Press
Total Pages: 401
Release: 2014-10-23
Genre: Political Science
ISBN: 1316123901

This book analyses the laws that shaped modern European empires from medieval times to the twentieth century. Its geographical scope is global, including the Americas, Europe, Africa, Asia, Australia and the Poles. Andrew Fitzmaurice focuses upon the use of the law of occupation to justify and critique the appropriation of territory. He examines both discussions of occupation by theologians, philosophers and jurists, as well as its application by colonial publicists and settlers themselves. Beginning with the medieval revival of Roman law, this study reveals the evolution of arguments concerning the right to occupy through the School of Salamanca, the foundation of American colonies, seventeenth-century natural law theories, Enlightenment philosophers, eighteenth-century American colonies and the new American republic, writings of nineteenth-century jurists, debates over the carve up of Africa, twentieth-century discussions of the status of Polar territories, and the period of decolonisation.